61. Punishment and incapacities for corrupt practice

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Amended

Last amended by an amending law of 2023. 3 amendments in all.

(1)

Every person who —

(a)

commits the offence of personation, or aids, abets, counsels or procures the commission of the offence of personation;

(b)

commits the offence of treating, undue influence or bribery;

(c)

[Deleted by Act 8 of 2023 wef 14/06/2024]

(d)

knowingly makes or publishes in Singapore, before or during any election, for the purpose of affecting the return of any candidate, content that is or contains any false statement of fact in relation to the personal character or conduct of the candidate;

(e)

knowingly makes or publishes in Singapore, before or during any election, for the purpose of promoting or procuring the election of any candidate, content that is or contains any false statement of the withdrawal of any other candidate at the election; (ea)being a candidate, knowingly makes the declaration required by section 73A falsely; or

(f)

being a candidate or an election agent, knowingly makes the declaration as to election expenses required by section 74 or 74A falsely,shall be guilty of a corrupt practice and shall on conviction by a District Court be liable —

(g)

in the case mentioned in paragraph (a) — to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 3 years or to both;

(h)

in the case mentioned in paragraph (b) — to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 3 years or to both;

(i)

[Deleted by Act 8 of 2023 wef 14/06/2024]

(j)

in the case mentioned in paragraph (d) or (e) — to a fine or to imprisonment for a term not exceeding 12 months or to both; or

(k)

in the case mentioned in paragraph (ea) or (f) — to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both.

(2)

Every person who is convicted of a corrupt practice shall become incapable for a period of 7 years from the date of his or her conviction of being registered as an elector or of voting at any election under this Act or of being elected as the President or a Member, and if at that date he or she has been elected a Member, his or her election shall be vacated from the date of the conviction.

(3)

A prosecution for a corrupt practice (except any corrupt practice as defined in subsection (1)(d) and (e)) must not be instituted without the consent of the Public Prosecutor.

(4)

Without affecting section 57, every offence of undue influence or bribery under section 59 or 60 (as the case may be) and every other corrupt practice under subsection (1)(d) or (e) is an arrestable offence within the meaning of the Criminal Procedure Code 2010.

(5)

[Deleted by Act 8 of 2023 wef 14/06/2024]

(6)

[Deleted by Act 8 of 2023 wef 14/06/2024]